LAWS 2202 Lecture Notes - Lecture 2: Ginger Beer, General Idea, Regulatory Agency
22 Apr 2016
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Mother of all torts: facts pi poisons himself after consuming a ginger beer in an opaque bottle containing a decomposing snail, bought by a friend at a railway caf . Issue whether pleading discloses a cause of action (despite not being the purchaser of the beer). Pleading: statement of a claim and therefore a contract. This issue in the case above was that there was no contract between the two as it was not purchased by him from his friend. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Proximity principle: if one man is near to another, or near to the property of another, a duty lies upon him not to do that which may cause a personal injury to that other, or may injure his property, Even though in some cases there is no contract between them!!
